The past decade has shown significant progress in family mediation services in South Africa, following the implementation of the amended Children’s Act of 2005, which has not fully considered issues relating to customary law and culture pertaining to mediation with unmarried fathers. A broader qualitative explorative study was undertaken to understand the experiences and perceptions of unmarried fathers, unmarried mothers and mediators regarding mediation. This article focuses on factors influencing the process and outcomes of mediation for unmarried fathers. Semi-structured interviews were conducted with a sample of seven unmarried fathers and eight mediators. Factors were identified that influence the process and outcomes of family mediation, of which culture, customary law and family dynamics are the focus of this article. Findings from Xhosa and Zulu participants in the study highlight the need for the inclusion of culturally responsive approaches to family mediation services by foregrounding issues relating to customary law, culture, and unmarried fathers.

There has been progressive development in the field of mediation globally over the past few decades. The family law system in South Africa has undergone significant changes in recent years with an increased emphasis placed on mediation. The amended Children's Act 38 of (RSA, 2006 has instituted mediation as mandatory in all matters of disputes regarding the care of children. Mandatory mediation is required in the following scenario: in terms of Section 21 (3a) of the Children's Act disputes between a child's unmarried biological parents as to whether the father meets the requirements for acquiring full parental responsibilities and rights in terms of the Children's Act 38 of 2005 (RSA, 2006) must be referred for mediation to a Family Advocate, social worker, social service professional or another suitably qualified person. While it can be said that steady progress has been made in terms of legislation pertaining to mediation in South Africa, it is also evident that mediation practice is largely based on Westernised models and approaches, contrary to the demographics of South African families at large. The qualitative study on which this chapter is based (Nordien-Lagardien, 2019) employed a multiple case study design to explore and understand the experiences of the parties with mediation. Semi-structured interviews were conducted with three participant groups that included: seven unmarried fathers, seven unmarried mothers and eight mediators. Data were analysed using within-case analysis and cross-case synthesis. The findings highlight the need for more culturally responsive approaches to mediation given the diverse context of South African families.